In thus executing, continued he, the orders I have received, I cannot

omit observing, that these orders were given with the full

presumption, that the business, which I laid before Congress in

February last, would have been settled long before these despatches

should come to my hands. However sensibly my Court will be

disappointed in its expectations, I shall add nothing to the

information and observations, which, with the warmest zeal for the

interests and honor of both countries, and by the duties of my office,

and my instructions, I found myself bound to deliver from time to time

to Congress, in the course of this business. The apprehension of

giving new matter to those who endeavor to blame Congress is a new

motive for me to be silent. I beg only to remind this honorable body

of the aforesaid information and reflections, and particularly of

those which I had the honor to deliver in an assembly similar to the

present. I shall only insist on a single point, which I established

then and since, in one of my Memorials, namely, the manifest and

striking necessity of enabling Spain, by the determination of just and

moderate terms, to press upon England with her good offices and bring

her mediation to an issue, in order that we may know whether we are to

expect peace or war. This step is looked upon in Europe as immediately

necessary. It was the proper object of the message I delivered in

February last. I then established the strong reasons, which require

that at the same time, and without delay, proper terms should be

offered to his Catholic Majesty, in order to reconcile him perfectly

to the American interest. I did not conceal, that it was to be feared,

that any condition inconsistent with the established system of the

alliance, which is the binding and only law of the allies, and

contrary to the line of conduct, which Spain pursued in the course of

her mediation, would lead her to drop the mediation, and prevent his

Catholic Majesty, by motives of honor and of faithfulness, from

joining in our common cause, and from completing the intended

triumvirate. No loss, no unhappy event, could be so heavy upon the

alliance as this. Indeed, although the British forces are already kept

in check by the combined efforts of France and America, it is

nevertheless evident, that the accession of Spain can only give to the

alliance a decided superiority, adequate to our purposes, and free us

from the fatal chance, that a single unlucky event may overthrow the

balance.

* * *

The committee then taking notice of what the Minister had said

concerning a tacit assurance of the independence of these States, and

the reluctance of the King of Great Britain to make an express

acknowledgment thereof, requested to know his sense concerning the

manner in which such tacit assurance could be given. To which, he

premising that what he should now say ought to be considered only as

his private sentiments, replied, that the British Court would probably

endeavor to avoid an express acknowledgment, by imitating precedents,

that had occurred in Europe on similar occasions, instancing the cases

of the Swiss cantons, and the United Provinces of the Netherlands;

that the mode adopted in the latter case had been for the Archduke, to

whom the King of Spain had transferred his right of sovereignty, to

treat with them "as with free and independent States." And that with

respect to the cantons, France had not been able to obtain for them in

the treaty of Munster any other than a declaration, that they should

be in possession of as full liberty and exemption from the empire, and

be in no manner subject to the jurisdiction thereof. But that in his

opinion the circumstances of these States, and the manner in which

they had conducted their opposition, would justify their expecting a

more full declaration.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779.

Sir,

The Minister Plenipotentiary of France has received with gratitude the

permission, which the Congress of the United States has been pleased

to grant him, for the expedition of the ship Defence. His Court will

be very sensible of the regard, which Congress have been pleased to

pay to the situation of the vessels of war stationed at Cape Francois.

The said Minister takes the liberty of reminding Congress of the

request, which he made in one of his Memorials, dated the 5th of this

month, relative to the accusations, which have been made before the

whole House, of frauds which were thought to have been practised with

regard to the cargo of the ship Defence, and of other vessels loaded

with provisions for the French squadron. The undersigned has, by

writing, on the 17th of this month, urged the committee intrusted with

this verification, to be pleased to hasten its report, and he takes

the liberty of addressing the same request to the Congress of the

United States itself. Congress is also referred to the reflections

contained in his said Memorial of the 5th instant.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779

Sir,

The Minister Plenipotentiary of France has received the resolution of

Congress, dated the 15th of this month, in relation to the supplies of

provisions destined for the squadron of the King. He requests Congress

to accept his thanks for the measures, which have been taken to effect

this important object. He is only under the necessity of representing,

that no one of the officers of the King can, and that no American

citizen will, take it upon himself to receive and take care of the

provisions destined for this purpose. The unjust and arbitrary

proceedings, to which they have been exposed, terrify them, and the

undersigned is obliged to request Congress to leave the said

provisions in their own magazines, and in the hands of their own

officers, till the time of making use of them arrives. This request

has more particular reference to the flour taken from Wilmington, and

which has become the direct property of Congress by the transfer of

it, which the undersigned made to Congress in one of his latest

Memorials.

GERARD.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 26th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to lay before the

Congress of the United States of America the sequel of the

proceedings inserted in the public papers against M. Holker, Consul of

the King, and his Majesty's general Navy Agent. The first part of

these same proceedings is already in the hands of this august

Assembly. The Minister of France intended merely to lay the facts

before them, and to leave to their wisdom to determine the measures,

that they should judge proper for putting an end to this offence; but

the late unjust, injurious, and incompetent proceedings, which have

been carried on against a public officer of the King in relation to

the exercise of his functions, the further dangers with which he is

threatened, the indirect consequences, which already result from them

to the representative of his Majesty, and those which may result more

directly from the sentiments and principles which are manifested, do

not permit the Minister any longer to observe the same moderation.

Congress have received the credentials of the undersigned Minister in

the name of all the United States. They have accepted, and invested

with their authority the other officers of his Majesty. It

consequently belongs to Congress to protect them against the attacks,

which may be made in their persons on the dignity of his Most

Christian Majesty, and the laws common to all nations governed by the

laws of police, relative to the free exercise of their functions.

Congress is too enlightened to need a comment upon the insulting

writings, which the Minister lays before them. He merely requests them

to take into consideration the contents of the letter, which the said

Minister has written to the President of the Executive Council of

Pennsylvania, as well as that which the Consul of the King has

addressed to him. Copies of them are annexed. He is persuaded that

Congress will have the less hesitation to take this cause in hand, as

facts are involved in it relative to the secret of the alliance, which

have happened in the sight and with the consent of a committee; and as

this reason alone would justify them in taking an exclusive cognizance

of it; besides, the Consul of the King will most fully prove, if

Congress think it necessary, that the orders he has given have been

exactly conformable to the agreement made with the committee, and to

the territorial laws of the State in which they were executed.

Agreeably to these considerations, the Minister Plenipotentiary of

France has the honor to beg and formally to request the Congress of

the United States of America;

1st. To be pleased to take under their special protection the Consul

of the King, and, if circumstances require it, his Majesty's other

officers.

2dly. To cause the public notice already given to be repeated, that M.

Holker has been accepted by this august body, and recognised as the

Consul of his Most Christian Majesty.

3dly. To grant to this public officer, or to procure for him, justice

and satisfaction for the attacks publicly made on his honor and

reputation.

4thly. To declare that the Consul of the King has acted conformably to

the views and wishes of Congress, in seeking to procure provisions for

the King's squadron by the way of trade; that the condition of these

private purchases has always been, that the articles procured should

remain at the free disposal of Congress, either for the army, or for

the benefit of the public, and that not a single barrel of flour

should be exported without their consent and formal authorisation;

that, in consequence of this agreement, the undersigned Minister has

transferred to them the hundred and eightytwo barrels bought at

Wilmington, and that this quantity of provisions has, from this time,

become the property of the United States.

Finally, the undersigned Minister requests Congress to take the

effectual measures that their wisdom shall dictate, for protecting all

the officers of the King, his master, from every unjust, injurious,

and arbitrary proceeding, and for securing to them the liberty

necessary for the exercise of their functions, without seeing the

dignity of his Majesty and the honor of his officers exposed to

farther insults.

The justice of Congress, and their regard for the honor of a monarch,

who is a friend and ally of the United States, will, doubtless,

prevent the serious discussions and the misunderstanding which such

proceedings, if they are not promptly and authentically made amends

for, would undoubtedly occasion. It is with the most entire

confidence, that the undersigned Minister places this whole affair in

the hands of Congress.

GERARD.

* * *

_The Papers referred to in the foregoing Memorial._

No. 1.

M. GERARD TO THE PRESIDENT OF THE STATE OF PENNSYLVANIA.

Translation.

Philadelphia, July 26th, 1779.

Sir,

M. Holker, Navy Agent and Consul of the King, my master, has presented

to me his defence in relation to the suspicions, which some have been

pleased to excite as to his conduct concerning the subsistence of the

French fleet. I approve and confirm all the contents of his letter,

and I declare, that he has acted on this occasion in his capacity of a

public man and an officer of his Most Christian Majesty, and that all

the orders that he has given for the said subsistence have been given

under my direction, and with the consent and agreeably to the desire

of the committee of the general Congress of the United States.

I hope that the defence of the Consul of the King will satisfy your

Excellency and the Executive Council of this Province, as well as

every honest and unprejudiced man. At any rate, M. Holker and all the

other consuls and officers of his Most Christian Majesty scattered

throughout America, will always be ready, when they shall be properly

requested, to answer as to anything that shall relate to the law of

the country. It is the serious will of his Majesty; his

representatives are ordered to see to it; and it is for this reason,

that the offers of M. Holker have anticipated your wishes in this

respect. But, Sir, in paying this just tribute to the sovereignty and

to the territorial law, I must have the honor of observing to you,

that there is no civilized nation where the agents and public servants

of a foreign sovereign do not enjoy immunities and exemptions, which

by the unanimous consent of these nations have been regarded as

indispensably necessary for the free exercise of their functions; even

when they act contrary to the law of the country, care is taken, and

caution used, in order not to wound the dignity of their constituents,

and not lightly to injure the public character of their officers. If

they have acted only in their official capacity, people have neither

the right nor the power to set themselves up for judges; but if there

are evident proofs, they are transmitted to the superior officer, if

there is one in the country, and it may be to the sovereign himself,

and it is for him to cause satisfaction to be made, or the proper

punishments to be inflicted.

These officers, moreover, cannot be subjected to any inspection or

inquisition with regard to the execution of their public functions,

except to that of their own sovereign and his representatives; it does

not belong to any one whatsoever to assume in this respect a power and

an authority, which would become an attack on the rights of the

sovereign of another country, and an injury to its representatives.

This would be a violation of the laws common to nations governed by

the laws of police, and a manifest infraction of the principles upon

which the mutual and necessary communication between friendly nations

is founded, and without which the appointment and the residence of the

respective public officers would become dangerous and impossible, if

in any country whatever these principles were not acknowledged, or if

any person pretended, without the consent of a sovereign, to set up

for a guardian of his officers, and to censure and condemn their

conduct in his name, or under the pretext of his interest. If this

usurped power extended even to actions, the scene of which was without

the territory of the State; if it were allowable to take the property

of a sovereign by force from the place of deposit, notwithstanding the

protest of the civil magistrate, and in a foreign State, to which

alone it would belong to protest against the violence of its laws; in

fine, if after assuming the pretext of taking care of his interests,

any one should dare to sentence explicitly or by implication a foreign

King to pay a penalty or fines, and if the public officers were

represented as enemies of the country, even while they were employed

in affairs of the utmost secrecy and of the greatest importance for

this very country's own interest, they would then be deprived of the

liberty, which every citizen and every other stranger enjoys; while,

on the other hand, the terrified citizens would refuse to take part in

any affair relating to this power, in order to preserve their

reputation and tranquillity. These officers would then be prevented

from fulfilling their duties to their master, particularly if the

crime of falsehood were publicly imputed to them while their title and

quality were called in question, although publicly and authentically

acknowledged by all the powers of the country. Such conduct would be a

marked insult, and this situation very near to a state of hostilities

would tend to destroy all confidence, all commerce, and all

correspondence between the two friendly and allied nations; and there

would remain only one course to be pursued by the representatives of

that which should be injured, and which could not obtain immediate

satisfaction; namely, that of seeking an asylum in a country where the

respect which a nation owes to an independent, friendly, and allied

power, as well as to its representatives, is known, and where, by

conforming to the territorial laws, one can rely upon the effectual

protection of the sovereign, against every injurious, violent, and

arbitrary proceeding.

My duty, Sir, places me under the necessity of offering these remarks

to your Excellency and the Executive Council. Having no direct

credentials for the Republic of Pennsylvania, I cannot demand

reparations from it as a Minister, and I can only address myself to

the Congress of the United States, forasmuch as the facts in question

have all happened under its sanction and by its authorisation; but my

desire to preserve the decency, harmony, and good understanding,

which ought to prevail between two allied States, will justify me in

earnestly requesting your Excellency and the Executive Council to take

immediately into consideration the preceding observations, and without

delay to communicate to me your opinion on this subject. An explicit

and positive answer is indispensable in this delicate and critical

juncture, in order that I may take the measures suitable to the

dignity of the King, my master, as well as to the tranquillity and to

the honor of his officers of all ranks and denominations, and at all

events to enable his Majesty to provide himself for the maintenance of

his dignity. Meanwhile I give orders to suspend every proceeding

susceptible of new inconveniences, and every operation in the State of

Pennsylvania on account of his Most Christian Majesty on the part of

his officers, until the rules to which they are to conform shall be

known and fixed, and till the public is convinced that the citizens do

not expose their honor and their tranquillity, when they treat with

the officers of the King, and when they conform to the laws of their

States.

GERARD.

* * *

No. 2.

M. HOLKER TO JOSEPH REED, PRESIDENT OF PENNSYLVANIA.

Translation.

Philadelphia, July 24th, 1779.

Sir,

I have the honor of forwarding to your Excellency Mr Dunlap's

publication of this day, in which I find, with some degree of

surprise, a paragraph levelled at me and my official transactions. I

observe that notwithstanding the most explicit and repeated offers I

made to you yesterday morning, and through you to the honorable the

Supreme Executive Council of this State, of proving that I had not in

any shape violated or infringed the laws of Pennsylvania, that I had

acted in perfect conformity therewith; notwithstanding I solemnly

declared that the flour seized was bought and destined for the sole

use of his Majesty's fleet; notwithstanding the many and forcible

reasons urged to your Excellency to convince you that more proper and

more decent measures might have been pursued, and that the steps I had

taken to supply his Majesty's fleet were not only proper, but were

dictated by mere necessity; notwithstanding all these circumstances, I

am still held up to the public in a suspicious light, and as if I were

answerable or accountable for the private and personal transactions of

Mr Rumford of Wilmington, transactions totally foreign to me and to

the instructions or orders given him by me.

My application to you, Sir, in this respect, seems to have been so far

ineffectual, as also your just and pointed representation on this

subject, which you were pleased to communicate to me by your letter of

this day. I am sorry to remark, that though I have acted in concert

with his Excellency, our Minister Plenipotentiary, that Congress has

always been apprised of the purchases made by my orders; though all

the provisions purchased and delivered into the hands of my agents

have been at all times at the disposal of Congress in consequence of

express stipulations; though I have given with pleasure the widest

room for inquiry into the grounds of all suspicions, in order that a

thorough investigation might establish public tranquillity and public

confidence, which I had the greatest reason to expect, because it is

evident, even by the publications, that not a single suspicion was

founded on solid ground, but merely on surmise; still his Majesty's

representative in this Commonwealth, his Agent General in all the

ports of the United States, acknowledged as such by Congress, by

yourself, and the board at which you preside, specially charged, in

conjunction with the Minister Plenipotentiary, with procuring the

necessary supplies for his Majesty's squadron, expressly fitted out

for the defence of these States against the common enemy, and for the

protection of his dominions in America, acting in the strict line of

his office and duty, is most wantonly traduced to the public, branded

with the most injurious and unfair imputations in the newspapers

published in this very city, where these facts and my public character

are most notorious, under your eyes, with your knowledge, and in

contradiction to your personal advice and disapprobation.

I need not expatiate on the evil consequences, that may arise from

such illiberal aggression. I need not claim your interposition. But

the reasons I gave you yesterday, becoming every instant more forcible

and more pressing, it is necessary that I demand the most immediate

exertions of government on this occasion.

It is with the utmost reluctance I sit down to appeal in this solemn

manner to the Executive power of Pennsylvania for justice, lest my

request may be construed an opposition to the respectable motives of

the informers on my conduct; but I am accountable to my royal master

for my actions, and obliged to exact that respect due to his

representative in this State, and to support the dignity of the

character with which he has been pleased to invest me. Therefore, it

is in compliance with my duty, that I submit these facts and the

repeated insults I meet with, to the reflections of your Excellency

and Council, relying fully on your sense of propriety, and on your

exertions on this occasion, as in all others, where I have applied for

redress.[26]

I remain with respect, your Excellency's most obedient and humble

servant.

HOLKER.

FOOTNOTE:

[26] The publications relative to these complaints are found in the

Pennsylvania Packet of Saturday, July 24th, 1779.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 28th, 1779.

Sir,

The Minister Plenipotentiary of France thinking it necessary to lay

before Congress all the information relative to the affair of the

flour from Wilmington, has the honor to annex the copy of a letter,

which the President of the Executive Council of Pennsylvania has

written to M. Holker, as well as of the three pieces, which were

annexed to this letter, and of which this Consul has informed the said

President that he retained a copy.

The undersigned Minister must at the same time have the honor to

represent to Congress, that he is informed that there will be a new

meeting of the city on Monday morning, and that the critical state of

affairs seems to require, that it should be seen fit, before this

time, to take some effectual measures conformable to the petition and

to the request, which he has had the honor to address to Congress.

Otherwise the undersigned, and the other officers of the King, would

have no protection and no security against the effects of the unjust,

injurious and violent principles and proceedings, of which the said

Minister has complained; and he would be compelled to leave

Philadelphia and Pennsylvania, in order to seek an asylum in another

State, where liberty and protection could be secured to him, till he

could receive the orders of the King, his master.

GERARD.

* * *

_Copies of the Papers enclosed in the above Letter._

No 1.

JOSEPH REED TO M. HOLKER.

Philadelphia, July 24th, 1779.

Sir,

After the visit you favored me with yesterday, and in consideration of

the point on which we conversed, I wrote the letter enclosed, and

about six o'clock the answer, also enclosed, was delivered me. I

informed the gentlemen, two of the committee, that I had seen you that

morning, that you conceived yourself able to remove the imputations

conveyed in their representations, and had requested the Council to

point out the parts of your conduct, on which doubts might arise. The

gentlemen promised me they would inform the other gentlemen of what I

had represented; and also that I still thought there would be an

impropriety in making the publication in the present circumstances. I

observe this morning, that the gentlemen have been of a different

opinion, doubtless deeming themselves under a public obligation to

communicate the transaction to the world without delay.

I have the honor to be, &c.

JOSEPH REED.

_P. S._ Not having any copies of the enclosed, I must beg you to

return them after perusal.

No. 2.

In Council, Philadelphia, July 23d, 1779.

A paper, dated in committee, and signed William Henry, chairman, in

answer to the reference made by this Board on the 14th instant,

having been read,

Ordered, that the Secretary do write to the said Mr Henry to inform

him, that the papers alluded to in said answer did not accompany it,

and to desire that they may be forwarded as soon as convenient.

The President having informed this Board, that M. Holker had conferred

with him on the above representation, and showed a copy thereof

received by him (M. Holker) from the committee, and requested that

this Board would point out such parts thereof as may appear to convey

any imputations upon him, or distrust of his faithful performance of

his duty as a public officer,

Ordered, that the said paper be further considered tomorrow, that a

proper answer may be given to the said request.

Extract from the minutes,

JAMES TRIMBLE,

_for_ T. MATLACK, _Secretary_.

No. 3.

JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE COMMITTEE.

Walnut Street, July 23d, 1779.

Sir,

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